New York State Legislature Goes Green on Earth Day Lobby Day

ALBANY, NY (04/21/2010)(readMedia)-- In honor of Earth Day, New York's environmental community was in the Capitol Tuesday to urge the State Senate and Assembly to take action on several high priority pieces of legislation. Measures were passed by both houses but it was the debate on a what failed to pass that was the most interesting development of the day.

A bill that would restore the right of concerned citizens to challenge the results of environmental reviews, known as the Environmental Access to Justice Act, fell short by a vote of 29-32 in the Senate.

A small army of lobbyists representing real estate developers, chemical industries, power plant and transmission line proponents, and other special interests pressed to defeat the measure throughout the day. Ultimately they succeeded in their efforts, convincing the members of the Republican minority and three upstate members of the Democratic majority to vote against people's right to question the results of reviews that assess impacts to drinking water, air quality, and other public health and environmental concerns. The three Democratic Senators who voted against the bill were Senator Darrel Aubertine (D-Watertown), Senator William Stachowski (D-Buffalo) and Senator David Valesky (D-Syracuse).

Environmental Advocates of New York applauded the 29 Senators who voted the right way on the bill and commended the Senate for taking up the debate, allowing the public to see who supports citizens' rights to due process and who lined up with special interests.

"The Senate showed real leadership and courage putting this bill on the floor," said Rob Moore, Executive Director, Environmental Advocates of New York. "People deserve to see an open debate and to see which side their elected officials are on."

Votes in both houses of the legislature are often pro-forma affairs, where bills rarely receive floor votes unless passage is already assured. Letting the public see first-hand where their Senators stand on legislation is a sign of a openness in a notoriously closed-door legislature.

Other measures that passed the Senate included the Electronic Waste Recycling Act, which would remove tons of toxic e-waste from our landfills by requiring electronics manufacturers to collect and recycle their products. The E-waste Act is one of the environmental community's priority "Super Bills."

Measures passed by the Assembly included:

• SUPER BILL: Global Warming Pollution Control Act - This measure would cap and then gradually reduce New York's climate change pollution from all sources until statewide greenhouse gas emissions are 80 percent below 1990 levels.

• Recyclables in Landfills - This bill would prohibit the disposal of recyclable materials in landfills and incinerators, and specifies materials to be separated for recycling, such as newsprint, glass containers, metal containers, and certain plastics.

• Wetlands Protection Act - This bill would amend state law to provide the State's Department of Environmental Conservation with regulatory authority over New York's freshwater wetlands of one acre or more.

• Bisphenol A (BPA) Ban - This bill would prohibit the sale of certain toys, products, and beverage containers lined with or containing BPA intended for use by children under three.

• Healthy Green Procurement - This measure would set minimum specifications for healthy and green procurement by state agencies.

• Deca-Flame Retardant Ban - This bill amends New York State's Environmental Conservation Law to include decabromodiphenyl ether (deca-BDE) among the brominated flame retardants whose manufacture, process or sale is prohibited.

• Environmental Impact Reports - This bill would require New York State's Department of Environmental Conservation (DEC) to issue biennial reports listing high local environmental impact zones across the state.

• Environmental Justice Advisory Group - This bill would incorporate environmental justice principles into New York State agencies' decision-making processes, make permanent the Environmental Justice Advisory Group within the state's Department of Environmental Conservation, and establish an Environmental Justice Interagency Coordinating Council to report on the effectiveness and implementation of New York's environmental justice policies within state agencies.

• Mercury Thermostat Collection - This bill would amend New York's Environmental Conservation Law to encourage the safe collection of thermostats that contain mercury. The legislation would require manufacturers to submit and implement a plan for the collection of out-of-service thermostats to the State's Department of Environmental Conservation.

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Environmental Advocates of New York's mission is to protect our air, land, water and wildlife and the health of all New Yorkers. Based in Albany, we monitor state government, evaluate proposed laws, and champion policies and practices that will ensure the responsible stewardship of our shared environment. We work to support and strengthen the efforts of New York's environmental community and to make our state a national leader. The tax-exempt 501 (c) (3) nonprofit organization is also the New York affiliate of the National Wildlife Federation.